“JOHN VARVATOS GAME OF THRONES* CONTEST” OFFICIAL RULES
*GAME OF THRONES®,™,℠ IS A REGISTERED TRADEMARK AND THE PROPERTY OF HOME BOX OFFICE, INC. UNDER LICENSE TO SPONSOR
1. CONTEST: THE FOLLOWING OFFICIAL TERMS AND CONDITIONS (“OFFICIAL RULES”) APPLY TO THE “JOHN VARVATOS GAME OF THRONES CONTEST” (THE “CONTEST”). NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY ONLY AVAILABLE IN THOSE JOHN VARVATOS RETAIL STORES LISTED IN SECTION 4(D) (EACH, A “PARTICIPATING STORE”) AND ONLY ELIGIBLE ENTRIES RECEIVED IN PARTICIPATING STORES WILL BE ACCEPTED. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. This Contest is sponsored by John Varvatos Enterprises, Inc. (“Sponsor”). This promotion is in no way sponsored, endorsed, or administered by or associated with Instagram, Inc.
2. ENTRY PERIOD: The Contest commences at 12:00:01 AM (ET) (5:00:01 AM (GMT)) on March 13, 2019, and ends at 11:59:59 PM (ET) on April 10, 2019 (4:59:59 AM (GMT) on April 11, 2019) (the “Contest Period”). All Entry Photographs (as defined herein) must be posted on Instagram and the accompanying Entry Forms (as defined herein) submitted to the appropriate Sponsor employee or representative at a Participating Store prior to the expiration of the Contest Period in accordance with the terms and conditions of these Official Rules. Any Entry Photographs so posted on Instagram or accompanying Entry forms so submitted thereafter shall be null and void, and ineligible for the Contest.
3. ELIGIBILITY: This Contest is open to legal residents of the 48 contiguous United States and the District of Columbia (void in Hawaii and Alaska) and the United Kingdom (excluding Northern Ireland) (“Permitted Territory”). Entrants must be at least 21 years of age or older at the time of entry and have a personally-registered valid Instagram account set to “Public” that follows @johnvarvatos on Instagram. To register for Instagram, visit Instagram.com. Employees and contractors (and their immediate families) (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Sponsor, Home Box Office, Inc. (“HBO”) and their respective affiliated companies are not eligible for the Contest.
4. HOW TO ENTER:
A. In order to be entered into the Contest and become an eligible entrant (“Entrant”), Entrant must prior to the conclusion of the Contest Period personally visit one of the Participating Stores and complete the following actions in such Participating Store in accordance with the terms and conditions set forth herein:
(i) take a Game of Thrones-themed picture (as more fully described below) featuring Entrant in the Participating Store using either a personal device or an in-store Simple Booth photo booth that showcases (if available) (“Entry Photograph”);
(ii) if the Entry Photograph is taken using Simple Booth, then Entrant must email or text message the Entry Photo to himself/herself using the in-store Simple Booth photo booth tablet;
(iii) upload and post the Entry Photograph to Entrant’s own Instagram account feed using both the #JVForTheThroneContest and #JVForTheThrone hashtags (the “Submission”);
(iii) display the Submission to the appropriate Sponsor employee or representative at such Participating Store in order to receive a Contest entry form, which shall require Entrant’s full name, address, email address, phone number, age and the name of the Participating Store where the Submission is being made, and that Entrant agrees to the terms and conditions of these Official Rules (“Entry Form”); and
(iv) complete and provide the appropriate Sponsor employee or representative at such Participating Store with such properly completed Entry Form. Incomplete Entry Forms will be disqualified.
B. Entry Photograph. In honor of Sponsor’s exclusive John Varvatos x Game of Thrones capsule collection, the Entry Photograph should demonstrate the following: Who is your favorite Game of Thrones character? Additional requirements, prohibitions, terms and conditions with respect to the Entry Photograph are more fully described in these Official Rules.
C. Technical Requirements. Entry Photographs posted to an Entrant’s Instagram story will not be deemed valid Submissions. All Submissions that communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate and any Submission that is otherwise deemed inappropriate by Sponsor, in its sole discretion, whether due to any other conduct, language or other context, will be disqualified.
D. Participating Stores.
New York, Bowery 315 Bowery New York, NY 10013 United States
New York, Soho 122 Spring Street New York, NY 10012 United States
New York, World Trade Center, Westfield 185 Greenwich St, Suite LL4020 New York, NY 10007 United States
Las Vegas, The Forum Shops at Caesars 3500 Las Vegas Blvd South Las Vegas, NV 89109 United States
Los Angeles, West Hollywood 8800 Melrose Ave West Hollywood, CA 90069 United States
London, Mayfair 12-13 Conduit Street Mayfair, London W1S 2XQ United Kingdom
5. GENERAL ENTRY TERMS AND CONDITIONS: All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. Entrants are limited to one entry per Entrant per day. If an Entrant uses multiple user accounts to submit more than one entry per day only the first entry per day will count. In the event of a dispute over who submitted, or shall be entitled to claim, the winning entry, the authorized account holder of the user account used to participate in the Contest at the actual time of entry, shall be deemed to be the Entrant. The authorized account holder is defined as the natural person who is assigned the user credentials by the IP-connected application, online service provider or other organization that is responsible for granting such credentials. All entries and materials become the property of Sponsor and will not be acknowledged or returned. Any potential Prize Winner (as defined herein) may be requested to provide Sponsor with proof and other substantiating documentation that such person is the potential Prize Winner.
6. ENTRY CONDITIONS: By entering and/or participating in the Contest, each Entrant agrees:
(b) Sponsor shall not be responsible for errors, omissions, interruptions, deletions, defects (in part or in whole), delays in operations, transmissions, theft, or destruction or unauthorized access to or alternations of any entry correspondence, transmissions or other materials in connection with the Contest. Any attempted submissions or entries in connection with the Contest that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including, by reason of platform, hardware, software, browser, or network failure, malfunction, congestion, or incompatibility on any servers or otherwise shall not be counted or eligible for the Contest, as determined by Sponsor, in its sole and absolute discretion; and
(c) to release and hold Instagram, Inc., and its agents, employees, officers, directors, successors and assigns, harmless against any and all claims, injury or damage arising out of or relating to participation in the Contest.
7. PRIZE WINNER SELECTION AND NOTIFICATION:
7.1 Prize Winner Selection. Subject to the terms and conditions set forth in these Official Rules, there shall be one potential prize winner selected from among all Eligible Entries within 30 days after the conclusion of the Contest Period (the “Prize Winner”). A panel of judges comprised of Sponsor’s Chief Executive Officer, President and Vice President of Marketing & Communications (or any alternate designees) and one independent representative from Purple PR (the “Judges”) shall judge all Eligible Entries received and determine the potential Prize Winner based on the highest scores, calculated in accordance with the following judging criteria, with respect to the Submissions: (a) originality/creativity (40%), (b) enthusiasm (30%), (c) individuality (15%), and (d) overall appeal (15%) (the “Judging Criteria”).
7.2 Prize Tie Breakers. In the event of a tie, the Prize Winner shall be decided by a tie breaker based on the order of submission of each applicable potential Prize Winner’s Entry Form (as determined by the earliest date (and, if applicable, time) written by the applicable Entrant in the appropriate field thereon.
7.3 Prize Winner Notification. Sponsor and/or its designees shall thereafter attempt to contact the potential Prize Winner via e-mail and/or telephone, as determined in their sole discretion, using the e-mail address and/or phone number provided on the applicable Entry Form. If a potential Prize Winner cannot be contacted or does not respond (within 48 hours of attempted notification) or return two acceptable copies of the completed Contest Documentation (as defined herein), within ten days of said attempted notification, then Sponsor reserves the right, in its sole and absolute discretion, to disqualify such potential Prize Winner and, if time permits, to select the next qualifying potential Prize Winner and attempt to contact same, who shall be subject to the same eligibility requirements and disqualification in the same manner as described in these Official Rules. Sponsor shall not be responsible for failed attempts to notify any potential Prize Winner and no responsibility is assumed by Sponsor for any e-mail(s), message(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions or technical malfunctions associated with any platform, network, servers, computer equipment, software, applications, the Internet or any combination thereof. ANY POTENTIAL PRIZE WINNER SHALL BE SUBJECT TO VERIFICATION, INCLUDING AS DESCRIBED IN SECTION 8 BELOW.
The final determination of the Prize Winner and the application of the Judging Criteria shall be in the sole and absolute discretion of the Judges. No reporting or correspondence will be entered into or provided with regard to any of Sponsor’s or Judge’s decisions. Sponsor reserves the right to extend the Contest Period (unless prohibited by applicable law) or to not select a Prize Winner if Sponsor determines, in its sole and absolute discretion, that entries received did not meet Sponsor’s minimum qualification standards based on the Judging Criteria specified herein. Sponsor reserves the right to delay the announcement of the Prize Winner in its sole discretion (unless prohibited by applicable law). To the extent not prohibited by applicable law, Sponsor and HBO disclaim any liability from, and Entrants, agree to waive, any claims against Sponsor or HBO relating to the judging or awarding process. Sponsor reserves the right to select an alternate Prize Winner in the event that any potential Prize Winner fails to comply with these Official Rules.
8. PRIZE WINNER VERIFICATION: Upon the request of Sponsor, the potential Prize Winner and Guest (as defined herein) must sign and return the following standard documents to Sponsor in order to be eligible to receive the Prize (as defined herein): (i) a duly executed affidavit of eligibility with respect to the Contest in a form provided by Sponsor together with all information requested therein; (ii) a liability release, assumption of risk and waiver in a form provided by Sponsor together with all information requested therein; (iii) a publicity release in a form provided by Sponsor granting Sponsor the right to use the potential Prize Winner’s and Guest’s name, information and likeness for advertising, marketing and publicity purposes; (iv) any other releases and waivers requested by Sponsor, in each instance (i.e., subsections (i), (ii), (iii) and (iv) above), releasing the Sponsor Entities, as well as Instagram, Inc., and its officers, directors, employees and agents, from any and all liability, loss, claims, demands, and causes of action for or related to (a) personal injury, damage, theft, loss, or any other harm suffered in connection with the Contest or the receipt and/or use of the Prize (or any component thereof); and (b) publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of, including the use/misuse or acceptance of the Prize (or any component thereof); and (v) a copy of the potential Prize Winner’s and Guest’s valid, in-effect government issued identification with photo acceptable to the Sponsor (collectively, the “Contest Documentation”). By entering into the Contest, each Entrant agrees to promptly sign and return all of the Contest Documentation in accordance with the requirements, criteria, parameters and timing described herein or otherwise designated by Sponsor and ensure that the Guest does the same. The potential Prize Winner’s travel companion must be a legal resident in the Permitted Territory and 21 years of age or older as of the date the potential Prize Winner returns the Contest Documentation to Sponsor as required by these Official Rules (the “Guest”). For the avoidance of doubt, the Guest shall also be required to sign and return the Contest Documentation and any other releases, licenses, affidavits, waivers and other documents as may be designated by Sponsor in accordance with the requirements, criteria, parameters and timing described herein or as otherwise designated by Sponsor.
9. PRIZE TERMS AND RESTRICTIONS: Only the Prize as described in these Official Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that Sponsor reserves the right to substitute the Prize (or any component thereof) with another prize of equal or greater value, including a cash award, in the event that the Prize (or any component thereof) is not available. The Prize is non-transferable or assignable to any other person or entity, except by Sponsor. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of the Prize, are the sole responsibility of the Prize Winner. The Prize restrictions and conditions set forth herein are not exhaustive and additional restrictions and conditions may apply. All applicable taxes, and any other costs not specifically provided for in these Official Rules are solely the potential Prize Winner’s responsibility. For residents of the U.S. only: The value of the Prize shall be taxable to the potential Prize Winner as income. The potential Prize Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 shall be issued in the name of the potential Prize Winner for the actual value of the Prize received.
In the event the winner of the Prize engages in or threatens behavior that (as determined by Sponsor in its sole and absolute discretion) is contrary to the spirit of the Prize or the Contest, or is dangerous, obnoxious, threatening, illegal or that is intended to annoy, abuse, endanger, threaten or harass any other person, or that otherwise conflicts with the Sponsor’s values, Sponsor reserves the right to terminate such Prize, in whole or in part , and, if applicable send the potential Prize Winner home, at his/her sole expense.
10. PRIZE DESCRIPTION AND CONDITIONS: Subject to all of the terms set forth in these Official Rules, the prize for the Contest consists of the following:
(a) round trip economy class air transportation for the potential Prize Winner and a qualifying Guest from either John F. Kennedy International Airport, LaGuardia Airport, Los Angeles International Airport or London Heathrow Airport, based, in part, on proximity to the Participating Store in which the potential Prize Winner submitted his/her Entry Form, to Belfast, Northern Ireland, with the carrier, airport and other details of such air transportation to be designated by Sponsor, in its sole and absolute discretion; provided, however, that Sponsor reserves the right, in its sole and absolute discretion, to substitute ground transportation for air transportation if any potential Prize Winner resides within approximately 150 miles of Belfast, Northern Ireland;
(b) hotel accommodation (one room, standard, double occupancy) at a hotel selected by Sponsor, in its sole and absolute discretion, in or around Belfast, Northern Ireland for three consecutive nights;
(c) a Game of Thrones “swag bag” containing memorabilia from the Event (as defined herein); and
(d) two tickets to GAME OF THRONES: The Touring Exhibition in Belfast, Northern Ireland, available on a space-available basis only and valid on the date selected by Sponsor (the “Event”)
(collectively, the “Prize”).
The approximate retail value (“ARV”) of the Prize is $6,000.00 USD, comprised of the following items and total ARVs: (i) transportation described in Section 10(a) ($3,000); (ii) lodging described in Section 10(b) ($2,400); (iii) two “swag bags” described in Section 10(c) ($500) and (iv) tickets described in Section 10(d) ($40). ALL TRAVEL MUST BE COMPLETED BETWEEN APRIL 16, 2019 AND SEPTEMBER 1, 2019. Actual Prize value may vary depending upon the point of departure, dates of travel, market conditions, the actual cost of air or other transportation from point of departure and accommodations at time of reservation or redemption. Any difference between the ARV and the actual value, if any, will not be rewarded. The redemption, availability and use of the Prize (in whole and in part) shall be subject to any applicable policies, conditions, restrictions, exclusions and other terms promulgated by the air carriers and other transportation entities, hotels and lodging entities, venue operators, event providers, tour operators, governmental entities, airports, branding partners, Prize providers and other third parties providing, or whose products or services are implicated by or used in the redemption of, any Prize-related products or services (including such third parties’ use, acceptance, redemption, cancellation, codes of conduct and security policies, etc.) (“Service Providers”). The potential Prize Winner and Guest must comply with any applicable hotel check-in and other requirements, including presentation of a major credit card and valid identification acceptable to the entity. Except as expressly detailed herein, the Prize does not include, in whole or in part, any insurance, travel visas, telephone charges, Internet/data fees, personal expenses, food or meals, travel arrangements between the potential Prize Winner’s home and the airport of departure, ground transportation, seat assignment or baggage fees imposed by travel companies and carriers, hotel, restaurant and lodging fees, room, resort or travel related fees, gratuities, passenger facility charges, the payment of any applicable taxes, tariffs or duties (e.g., VAT, sales, service and transaction taxes, departure taxes, etc.) incidental charges, or any other items not expressly detailed in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the potential Prize Winner. Sponsor Entities shall not be liable for any costs, expenses, fees or other amounts (e.g., change fees, cancellation fees, cost of alternative travel arrangements or accommodations, replacement prizes, etc.) arising, in whole or in part, as a result of any cancellation, delay, diversion or substitution or any act or omission whatsoever by any Service Provider, or for any loss or damage to any baggage, luggage, carry ons, supplies or other property of the Prize Winner or Guest. THE POTENTIAL PRIZE WINNER AND GUEST MUST BE ABLE TO TRAVEL ON THOSE DATES AND TIMES DESIGNATED BY SPONSOR, IN ITS SOLE AND ABSOLUTE DISCRETION, and all travel arrangements, hotel accommodations and Event reservations shall be made by or on behalf of Sponsor or Sponsor’s designated agent. Sponsor will reasonably attempt to cooperate with the potential Prize Winner in order to designate travel dates that are mutually agreeable to both Sponsor and the potential Prize Winner. The potential Prize Winner and Guest must travel on the same dates, itinerary, and fare class, and, for all transportation, to and from the same locations. If the potential Prize Winner elects to travel with no Guest, no additional compensation will be awarded in lieu of transportation, events, products or any other component or amount of the Prize for the Guest portion of the Prize. The potential Prize Winner and Guest must possess valid travel documents in order to travel, and it is the responsibility of the potential Prize Winner to ensure that he/she and the Guest each have a valid passport and travel insurance (if desired) and obtain any necessary visas or other documentation for travel to Belfast, Northern Ireland on the designated dates of travel. Failure to possess valid travel documents shall result in forfeiture of the Prize. If the potential Prize Winner chooses not to accept the Prize, fails to comply with these Official Rules, or is unable and/or unwilling to travel on those dates and times designated by Sponsor, in its sole and absolute discretion, the Prize shall be forfeited, in its entirety, by that potential Prize Winner, and Sponsor reserves the right to offer the Prize to another qualifying Entrant, subject to the terms and conditions set forth in these Official Rules. If Sponsor cannot find an eligible Entrant able to travel on the required dates and times, the Prize shall be forfeited. Once confirmed, trip dates and travel accommodations cannot be changed by the Prize Winner, and any cancellation or change fees or restructuring of the trip dates or travel accommodations shall be the sole responsibility of the potential Prize Winner; all aspects of the Prize, including the travel and Event are subject to availability, cancellation, discontinuance, blackout dates, carrier terms, travel restrictions, conduct requirements, legal requirements, usage terms, conditions and policies and/or changes due to circumstances beyond Sponsor’s control. If the Event is cancelled, revoked, limited, postponed or unavailable for any reason, then Sponsor’s only obligation is to award the other components of the Prize, subject to the terms of these Official Rules. No extensions shall be permitted (except as specified herein), and any unused travel or other component of the Prize shall be forfeited. The Prize cannot be used in conjunction with any other promotion or offer and may not be separated. All tickets, passes and reservations issued in conjunction with the Prize are not eligible for frequent flyer miles, hotel points or other memberships and no code-share flights may be used. The potential Prize Winner may request to postpone the date of departure from Belfast, Northern Ireland, at the time of notification by Sponsor that he/she is the potential Prize Winner. Any such postponement and resulting extension of the potential Prize Winner’s or Guest’s trip to Belfast, Northern Ireland, is subject to the agreement of Sponsor, as determined in its sole and absolute discretion. Each Entrant agrees that the Prize does not include any costs or expenses associated with such postponement or extension, including hotel accommodations beyond the three nights included in the Prize, and any and all such costs and expenses are the sole responsibility of the potential Prize Winner.
11. DAY OF EVENT: PRIZE WINNER AND GUEST AGREE TO ABIDE BY ALL EVENT TERMS, CONDITIONS, POLICIES AND REQUIREMENTS. THE OPERATOR OF THE EVENT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REMOVE OR TO DENY ENTRY TO THE PRIZE WINNER AND/OR GUEST IF IT DETERMINES THAT SUCH INDIVIDUAL(S) ARE A POTENTIAL SAFETY RISK, HAVE VIOLATED OR FAILED TO SATISFY ANY EVENT POLICY, TERM, CONDITION, REQUIREMENT, HAVE VIOLATED (OR ARE REASONABLY LIKELY TO VIOLATE) ANY LAW, RULE OR REGULATION, ARE INTOXICATED OR UNDER THE INFLUENCE OF SUBSTANCES, OR ARE ACTING IN AN INAPPROPRIATE, UNSAFE, THREATENING, DISRUPTIVE OR QUESTIONABLE MANNER OR WITH INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON AT THE EVENT, INCLUDING EMPLOYEES AND OTHER REPRESENTATIVES OF THE OPERATOR OF THE EVENT.
12. SUBMISSIONS; RESTRICTIONS; LICENSE:
A. In order to promote, market and publicize the Contest, the Sponsor Entities require a license to use each Entrant’s Submission(s) and Instagram handle. By way of example and by no means limitation, the Submissions may be used in connection with Entrant lists, news feeds, emails, notifications, message boards, forums, blogs, blasts, online social community network profiles/groups/platforms, periodicals, magazines, news reports, websites, programming channels, broadcast and any other means of public display and performance, and other uses which may incorporate the Sponsor and/or other affiliated parties' property and branding (including promotional materials such as banners, photos, logos, trademarks, audio-visual content, etc.) (collectively, the “Sponsor Materials”).
B. Accordingly, each Entrant hereby expressly grants Sponsor a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, sublicensable and transferable right and license to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, create derivative works, modify and promote any and all Submissions in, on, through and in connection with any and all now known or hereafter devised, discovered or developed forms of media, products, platforms and services, without notice and without compensation, right of inspection (except as prohibited by applicable law), royalty, accounting, liability or obligation of any kind to any Entrant or any other third party.
C. All contents of the Submissions, with the exception of any incorporated Sponsor Materials, must be completely original to each Entrant and must not have been taken or composed in whole or in part from any other source, including all graphical, audio-visual elements, imagery and artwork appearing in the Submissions, and must be free and clear of any liens or claims with respect to the use of the Submissions, and that such use will not give rise to any claims or infringement, invasion of privacy or publicity, or claims for any payment whatsoever including, but not limited to, claims for re-use fees or residuals.
D. All Entrants agree that any and all Submissions made during the Contest Period or in connection with the Contest shall not contain, include or involve (or be posted on any websites highlighting or featuring) any of the following:
• obscenity; • any image of any person that is under the age of 21; • crude, vulgar or offensive pictures, depictions, images, language and/or symbols; • gang signs or symbols; • gratuitous violence, guns or other imagery or gestures of weapons. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict; • nudity or explicit, graphic or excessive sexual activity; • commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements other than the Sponsor Materials; • trade libel; • hard liquor use or product images; • license plates, phone numbers, personal addresses – physical or email or otherwise; • illegal drug or alcohol use or abuse; • derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), or any assault or threatening of others; • violation of anyone's right of privacy, including any statements that may be true but of private facts; • trespass or the violation of other people's rights or property; • illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); • defamatory, libelous, threatening or other material that advocates against any individual or group including products/services promoting discriminatory behavior (e.g., racial, religious, gender, nationality, sexual orientation); • conduct or activities in violation of these Official Rules; or • any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor Entities, in their sole discretion.
In addition, each Entrant agrees, confirms and represents to the Sponsor Entities that such Entrant has not engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with the Contest that: (i) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (ii) violates any of the terms or conditions of these Official Rules.
13. GENERAL TERMS: The Contest is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Any violation of these Official Rules may result in disqualification. Sponsor reserves the right to reject any entries in the Contest or any Entrant’s activities associated therewith that may be deemed, in its sole and absolute discretion, to violate these Official Rules, and/or any policies or guidelines established by Sponsor that govern Entrants’ participation in the Contest. IF THESE OFFICIAL RULES CONFLICT WITH OR OTHERWISE DIFFER FROM ANY PROMOTIONAL OR OTHER MATERIALS PUBLISHED OR MADE AVAILABLE IN CONNECTION WITH THE CONTEST, THESE OFFICIAL RULES SHALL CONTROL. The section headings in these Official Rules are for convenience only and are not to be considered in construing or interpreting these Official Rules. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
ANY VIOLATION OF THESE OFFICIAL RULES BY THE PRIZE WINNER AND/OR GUEST OR ANY BEHAVIOR BY THE PRIZE WINNER AND/OR GUEST THAT SHALL BRING SUCH PRIZE WINNER, GUEST OR SPONSOR INTO DISREPUTE (IN THE SPONSOR’S SOLE AND ABSOLUTE DISCRETION) SHALL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS THE PRIZE WINNER FROM THE CONTEST AND ALL PRIVILEGES AS THE PRIZE WINNER SHALL BE IMMEDIATELY TERMINATED.
Sponsor reserves the right to cancel, terminate or modify (except as prohibited by applicable law) any transmission, term, condition or other activity, including in circumstances where same is not capable of completion as planned, whether by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, technical failures of any sort or otherwise. Sponsor is not responsible for errors in the administration or fulfillment of the Contest, including, mechanical, human, printing, distribution or production errors, and may modify (except as prohibited by applicable law) or cancel the Contest for any reason or no reason in its sole and absolute discretion without liability or obligation. The Sponsor Entities assume no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Submissions, Eligible Entries, memberships, registrations or other correspondence or transmissions in connection with the Contest. The Sponsor Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, applications, failure of any e-mail or players on account of technical problems or traffic congestion or otherwise on the Internet or at any web site or application, or any combination thereof, including, any injury or damage to any Entrant’s or any other person's computer related to or resulting from participation in the Contest. The Sponsor Entities are not responsible for any typographical or other error in the printing of any materials, administration of the Contest, or in the announcement of the Prize Winner. If, for any reason, any functionality or other aspect of the Contest is not capable of being offered and/or operated as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify (except as prohibited by applicable law) (e.g., time periods, alternate prizing, eligibility criteria, etc.) or suspend the Contest. Sponsor is not responsible for late, lost, undeliverable, damaged or stolen mail. All interpretations of these Official Rules and decisions by Sponsor are final. No softwaregenerated, robotic, programmed, script, macro or other automated online or text message entries are permitted and use thereof shall result in disqualification of all such entries. Sponsor reserves the right in its sole and absolute discretion to disqualify any Entrant or other party for any reason, including those it finds to (i) have tampered with the entry process or the operation of any technology associated therewith (or any component thereof); (ii) be acting in violation of these Official Rules or the spirit of the Contest; or (iii) be acting in a disruptive or unsportsmanlike manner, whether with intent to annoy, abuse, threaten or harass any other person or Entrant or other otherwise, or to have provided inaccurate information at any time during the Contest, including, on any entries or legal documents submitted in connection with the Contest or otherwise. Further, Sponsor reserves the right to disqualify any Entrant whose conduct or Submission, in Sponsor’s sole and absolute discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate or unsportsmanlike in any way for the Contest.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
The Prize is subject to additional terms and conditions, such as the terms and conditions of the airline carrier, the hotel provider and the Event provider, and Sponsor does not accept a duty of care in relation to the provision of such goods or services from such parties.
Except as otherwise prohibited by applicable law, each Entrant agrees (a) to release, indemnify and hold harmless Sponsor, HBO and each of their respective affiliates, agents, employees, officers, directors, successors and assigns, and any suppliers, licensors, donors, sponsors, operators, service providers, vendors, marketing partners and other affiliated parties in connection with the Contest (collectively, the “Sponsor Entities”) from and against any and all claims, injury, damage and liability resulting from, arising out of or relating to participation in the Contest, Entrant’s acts or omissions in connection the Contest, and the acceptance, use, misuse or redemption of the Prize (or any component or aspect thereof), including publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of action; (b) to release all rights to bring any claim, action or proceeding against the Sponsor Entities in connection with the Contest or the Prize (or any component thereof); (c) that the Sponsor Entities (i) expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery, receipt and subsequent use or redemption of the Prize (or any component thereof) and (ii) shall not be liable for nor replace any lost, stolen, damaged, unavailable, discontinued, unsuitable or malfunctioning element of the Prize or other property of the Prize Winner or Guest; (d) that the Sponsor Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, concerning the appearance, safety, features, usage, accuracy, availability, suitability or performance of the Prize (or any component thereof); and (e) in the event of a dispute, claim or cause of action arising out of or connected with the Contest, or the Prize awarded, or the determination of the Prize Winner under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual outpocket expenses (e.g., costs associated with entering the Contest), and each Entrant further waives all rights to have damages multiplied or increased.
14. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Contest, or the Prize awarded, or the determination of the Prize Winner shall be resolved individually, without resort to any form of class action. All issues and questions, rights and obligations of each Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of New York, County of New York. Sponsor and each Entrant waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or the Contest.
16. PRIZE WINNER LIST/RULES REQUESTS: For a copy of these Official Rules or the Prize Winner name (as redacted or otherwise modified as necessary to comply with applicable privacy laws), send a separate, stamped, self-addressed envelope to: John Varvatos Game of Thrones Contest, 26 West 17th Street, Floor 12, New York, NY 10011. Vermont residents may omit return postage. Requests received 60 days after the conclusion of the Contest Period shall not be honored.
17. SPONSOR: The Contest is sponsored by John Varvatos Enterprises, Inc. The Contest is in no way authorized, sponsored, endorsed, approved, or administered by, or in association with, Instagram, Inc., Home Box Office, Inc., SMPL, Inc., Global Experience Specialists, Inc. or any third parties providing any Prize-related products or services (including air carriers, hotels and venue or event operators), or any of their respective affiliates. Each Entrant releases the foregoing entities from any and all claims and damages arising out of or in connection with the Contest. Any questions, comments or complaints regarding the Contest are to be directed to Sponsor, at the address above, not the foregoing entities.